By:  Saunders                                         H.B. No. 1863
       73R5442 JD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to ad valorem tax relief for open-space wildlife land.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 23, Tax Code, is amended by adding
    1-5  Subchapter H to read as follows:
    1-6         SUBCHAPTER H.  APPRAISAL OF OPEN-SPACE WILDLIFE LAND
    1-7        Sec. 23.981.  APPRAISAL OF QUALIFIED OPEN-SPACE WILDLIFE
    1-8  LAND.  (a)  The appraised value of qualified open-space wildlife
    1-9  land is determined by appraising the land in the same manner as
   1-10  open-space land qualified under Subchapter D as if it were being
   1-11  grazed by domestic livestock for commercial agricultural purposes
   1-12  to the degree of intensity generally accepted in the area.  A tract
   1-13  consisting of fewer than 10 acres is ineligible for an open-space
   1-14  wildlife land appraisal.
   1-15        (b)  The chief appraiser shall determine the appraised value
   1-16  according to this subchapter.
   1-17        (c)  The chief appraiser may not change the appraised value
   1-18  of open-space wildlife land unless the owner has applied for and
   1-19  the land has qualified for appraisal as provided by this
   1-20  subchapter, unless the change is made as a result of a reappraisal.
   1-21        (d)  The comptroller by rule shall develop and distribute to
   1-22  each appraisal office appraisal manuals setting forth the method of
   1-23  appraising qualified open-space wildlife land, and each appraisal
   1-24  office shall use the appraisal manuals in appraising qualified
    2-1  open-space wildlife land.  The comptroller by rule shall develop
    2-2  and the appraisal office shall enforce procedures to verify that
    2-3  land meets the conditions contained in this subchapter.  The rules,
    2-4  before taking effect, must be approved by a majority vote of a
    2-5  committee composed of the following officials or their designees:
    2-6  the governor, the comptroller, the attorney general, the
    2-7  agriculture commissioner, and the commissioner of the General Land
    2-8  Office.
    2-9        (e)  For the purposes of Section 23.984, the chief appraiser
   2-10  also shall determine the market value of qualified open-space
   2-11  wildlife land and shall record both the market value and the
   2-12  appraised value in the appraisal records.
   2-13        Sec. 23.982.  APPLICATION.  (a)  A person who claims that the
   2-14  person's land is eligible for appraisal under this subchapter must
   2-15  file a valid application with the chief appraiser.
   2-16        (b)  To be valid, the application must:
   2-17              (1)  be on a form provided by the appraisal office and
   2-18  prescribed by the comptroller; and
   2-19              (2)  contain the information necessary to determine the
   2-20  validity of the claim.
   2-21        (c)  The comptroller shall include on the form a notice of
   2-22  the penalties prescribed by Section 37.10, Penal Code, for making
   2-23  or filing an application containing a false statement.  The
   2-24  comptroller, in prescribing the contents of the application form,
   2-25  shall require that the form permit a claimant who has previously
   2-26  been allowed appraisal under this subchapter to indicate that
   2-27  previously reported information has not changed and to supply only
    3-1  the eligibility information not previously reported.
    3-2        (d)  The form must be filed before May 1.  However, for good
    3-3  cause the chief appraiser may extend the filing deadline for not
    3-4  more than 60 days.
    3-5        (e)  If a person fails to file a valid application on time,
    3-6  the land is ineligible for appraisal as provided by this subchapter
    3-7  for that year.  Once an application is filed and appraisal under
    3-8  this subchapter is allowed, the land is eligible for appraisal
    3-9  under this subchapter in subsequent years without a new application
   3-10  unless the ownership of the land changes or its eligibility under
   3-11  this subchapter ends.  If the chief appraiser has good cause to
   3-12  believe the land's eligibility under this subchapter has ended, the
   3-13  chief appraiser may require a person allowed appraisal under this
   3-14  subchapter in a prior year to file a new application to confirm
   3-15  that the land is currently eligible under this subchapter by
   3-16  delivering a written notice that a new application is required,
   3-17  accompanied by the application form, to the person who filed the
   3-18  application that was previously allowed.
   3-19        (f)  Each appraisal office shall make a sufficient number of
   3-20  printed application forms readily available at no charge.
   3-21        (g)  Each year the chief appraiser for each appraisal
   3-22  district shall publicize, in a manner reasonably designed to notify
   3-23  all residents of the district, the requirements of this section and
   3-24  the availability of application forms.
   3-25        (h)  A person whose land is allowed appraisal under this
   3-26  subchapter shall notify the appraisal office in writing before May
   3-27  1 after eligibility of the land under this subchapter ends.  If a
    4-1  person fails to notify the appraisal office as required by this
    4-2  subsection, a penalty is imposed on the property equal to 10
    4-3  percent of the difference between the taxes imposed on the property
    4-4  in each year it is erroneously allowed appraisal under this
    4-5  subchapter and the taxes that would otherwise have been imposed.
    4-6        (i)  The chief appraiser shall make an entry in the appraisal
    4-7  records for the property against which the penalty is imposed
    4-8  indicating liability for the penalty and shall deliver a written
    4-9  notice of imposition of the penalty to the person who owns the
   4-10  property.  The notice shall include a brief explanation of the
   4-11  procedures for protesting the imposition of the penalty.  The
   4-12  assessor for each taxing unit that imposed taxes on the property on
   4-13  the basis of appraisal under this subchapter shall add the amount
   4-14  of the penalty to the unit's tax bill for taxes on the property
   4-15  against which the penalty is imposed.  The penalty shall be
   4-16  collected at the same time and in the same manner as the taxes on
   4-17  the property against which the penalty is imposed.  The amount of
   4-18  the penalty constitutes a lien on the property against which the
   4-19  penalty is imposed and accrues penalty and interest in the same
   4-20  manner as a delinquent tax.
   4-21        (j)  If the chief appraiser discovers that appraisal under
   4-22  this subchapter has been erroneously allowed in any one of the 10
   4-23  preceding years because of failure of the person whose land was
   4-24  allowed appraisal under this subchapter to give notice that its
   4-25  eligibility has ended, the chief appraiser shall add the difference
   4-26  between the appraised value of the land under this subchapter and
   4-27  the market value of the land to the appraisal roll as provided by
    5-1  Section 25.21 for other property that escapes taxation.
    5-2        Sec. 23.983.  LATE APPLICATION FOR APPRAISAL AS WILDLIFE
    5-3  LAND.  (a)  The chief appraiser shall accept and approve or deny an
    5-4  application for appraisal under this subchapter after the deadline
    5-5  for filing it has passed if it is filed before approval of the
    5-6  appraisal records by the appraisal review board.
    5-7        (b)  If appraisal under this subchapter is approved when the
    5-8  application is filed late, the owner is liable for a penalty of 10
    5-9  percent of the difference between the amount of tax imposed on the
   5-10  property and the amount that would be imposed if the property were
   5-11  taxed at market value.
   5-12        (c)  The chief appraiser shall make an entry on the appraisal
   5-13  records indicating the person's liability for the penalty and shall
   5-14  deliver written notice of imposition of the penalty, explaining the
   5-15  reason for its imposition, to the person.
   5-16        (d)  The tax assessor for a taxing unit that taxes land based
   5-17  on an appraisal under this subchapter after a late application
   5-18  shall add the amount of the penalty to the owner's tax bill, and
   5-19  the tax collector for the unit shall collect the penalty at the
   5-20  time and in the manner the collector collects the tax.  The amount
   5-21  of the penalty constitutes a lien against the property against
   5-22  which the penalty is imposed, as if it were a tax, and accrues
   5-23  penalty and interest in the same manner as a delinquent tax.
   5-24        Sec. 23.984.  CHANGE OF USE OF LAND.  (a)  If the use of land
   5-25  that has been appraised as provided by this subchapter changes, an
   5-26  additional tax is imposed on the land equal to the difference
   5-27  between the taxes imposed on the land for each of the five years
    6-1  preceding the year in which the change of use occurs that the land
    6-2  was appraised as provided by this subchapter and the tax that would
    6-3  have been imposed had the land been taxed on the basis of market
    6-4  value in each of those years, plus interest at an annual rate of
    6-5  seven percent calculated from the dates on which the differences
    6-6  would have become due.
    6-7        (b)  A tax lien attaches to the land on the date the change
    6-8  of use occurs to secure payment of the additional tax and interest
    6-9  imposed by this section and any penalties incurred.  The lien
   6-10  exists in favor of all taxing units for which the additional tax is
   6-11  imposed.
   6-12        (c)  The additional tax imposed by this section does not
   6-13  apply to a year for which the tax has already been imposed.
   6-14        (d)  If the change of use applies to only part of a parcel
   6-15  that has been appraised as provided by this subchapter, the
   6-16  additional tax applies only to that part of the parcel and equals
   6-17  the difference between the taxes imposed on that part of the parcel
   6-18  and the taxes that would have been imposed had that part been taxed
   6-19  on the basis of market value.
   6-20        (e)  A determination that a change in use of the land has
   6-21  occurred is made by the chief appraiser.  The chief appraiser shall
   6-22  deliver a notice of the determination to the owner of the land as
   6-23  soon as possible after making the determination and shall include
   6-24  in the notice an explanation of the owner's right to protest the
   6-25  determination.  If the owner does not file a timely protest or if
   6-26  the final determination of the protest is that the additional taxes
   6-27  are due, the assessor for each taxing unit shall prepare and
    7-1  deliver a bill for the additional taxes plus interest as soon as
    7-2  practicable.  The taxes and interest are due and become delinquent
    7-3  and incur penalties and interest as provided by law for ad valorem
    7-4  taxes imposed by the taxing unit if not paid before the next
    7-5  February 1 that is at least 20 days after the date the bill is
    7-6  delivered to the owner of the land.
    7-7        (f)  The sanctions provided by Subsection (a) do not apply if
    7-8  the change of use occurs as a result of a sale for right-of-way or
    7-9  a condemnation.
   7-10        (g)  If the use of the land changes to a use that qualifies
   7-11  under Subchapter E, the sanctions provided by Subsection (a) do not
   7-12  apply.
   7-13        (h)  A taxing unit shall credit a taxpayer an amount equal to
   7-14  the amount collected from the taxpayer by the taxing unit under
   7-15  Subsection (a) if:
   7-16              (1)  the land qualifies for appraisal under Subchapter
   7-17  C on or before the fourth year after the year in which the change
   7-18  of use occurred; or
   7-19              (2)  the land qualifies for appraisal as open-space
   7-20  land under Subchapter D on or before the sixth year after the year
   7-21  in which the change of use occurred.
   7-22        (i)  The collector for the taxing unit shall apply the amount
   7-23  of the credit under Subsection (h) in payment of taxes due the unit
   7-24  on the property in issue.  Subsection (h) and this subsection do
   7-25  not authorize a refund to the taxpayer of the amount paid under
   7-26  Subsection (h).
   7-27        (j)  The use of land does not change for purposes of
    8-1  Subsection (a) solely because the owner of the land claims it as
    8-2  part of the owner's residence homestead for purposes of Section
    8-3  11.13.
    8-4        Sec. 23.985.  LAND INELIGIBLE FOR APPRAISAL AS OPEN-SPACE
    8-5  WILDLIFE LAND.  Land is not eligible for appraisal as provided by
    8-6  this subchapter if:
    8-7              (1)  the land is located inside the corporate limits of
    8-8  an incorporated city or town, unless:
    8-9                    (A)  the city or town is not providing the land
   8-10  with governmental and proprietary services substantially equivalent
   8-11  in standard and scope to those services it provides in other parts
   8-12  of the city or town with similar topography, land utilization, and
   8-13  population density; or
   8-14                    (B)  the land has been open-space wildlife land
   8-15  continuously for the preceding five years;
   8-16              (2)  the land is owned by an individual who is a
   8-17  nonresident alien or by a foreign government if that individual or
   8-18  government is required by federal law or by rule adopted pursuant
   8-19  to federal law to register his ownership or acquisition of that
   8-20  property; or
   8-21              (3)  the land is owned by a corporation, partnership,
   8-22  trust, or other legal entity if the entity is required by federal
   8-23  law or by rule adopted pursuant to federal law to register its
   8-24  ownership or acquisition of that land and a nonresident alien or a
   8-25  foreign government or any combination of nonresident aliens and
   8-26  foreign governments own a majority interest in the entity.
   8-27        Sec. 23.986.  ACTION ON APPLICATIONS.  (a)  The chief
    9-1  appraiser shall determine separately each applicant's right to have
    9-2  land appraised under this subchapter.  After considering the
    9-3  application and all relevant information, the chief appraiser
    9-4  shall, as the law and facts warrant:
    9-5              (1)  approve the application and allow appraisal under
    9-6  this subchapter;
    9-7              (2)  disapprove the application and request additional
    9-8  information from the applicant in support of the claim; or
    9-9              (3)  deny the application.
   9-10        (b)  If the chief appraiser requests additional information
   9-11  from an applicant, the applicant must furnish it within 30 days
   9-12  after the date of the request or the application is denied.  For
   9-13  good cause shown the chief appraiser may extend the deadline for
   9-14  furnishing the information by written order for a single period not
   9-15  to exceed 15 days.
   9-16        (c)  The chief appraiser shall determine the validity of each
   9-17  application for appraisal filed under this subchapter before the
   9-18  chief appraiser submits the appraisal records for review and
   9-19  determination of protests as provided by Chapter 41.
   9-20        (d)  If the chief appraiser denies an application, the chief
   9-21  appraiser shall deliver a written notice of the denial to the
   9-22  applicant within five days after the date the determination is
   9-23  made.  The chief appraiser shall include with the notice a brief
   9-24  explanation of the procedures for protesting the determination and
   9-25  a full explanation of the reasons for denial of the application.
   9-26        SECTION 2.  Section 23.55(g), Tax Code, is amended to read as
   9-27  follows:
   10-1        (g)  If the use of the land changes to a use that qualifies
   10-2  under Subchapter E or Subchapter H <of this chapter>, the sanctions
   10-3  provided by Subsection (a) <of this section> do not apply.
   10-4        SECTION 3.  This Act takes effect on the date on which the
   10-5  constitutional amendment proposed by the 73rd Legislature, Regular
   10-6  Session, to authorize ad valorem tax relief for the preservation of
   10-7  land to support wildlife, takes effect.  If that amendment is not
   10-8  approved by the voters, this Act has no effect.
   10-9        SECTION 4.  The importance of this legislation and the
  10-10  crowded condition of the calendars in both houses create an
  10-11  emergency and an imperative public necessity that the
  10-12  constitutional rule requiring bills to be read on three several
  10-13  days in each house be suspended, and this rule is hereby suspended.